alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SERVED: MARCH 10, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

FEDERAL EXPRESS CORPORATION 

DOCKET NO. FAA-2014-1118 

(Civil Penalty Action) 

ORDER OF CIDEF ADMINISTRATIVE LAW JUDGE 

DISMISSING PROCEEDING WITH PREJUDICE 

By "Withdrawal of Complaint," served March 9, 2015, Complainant states that it 

"withdraws its Complaint in the above-captioned matter." Accordingly, pursuant to 14 C.P.R. 

§ 13.215, this proceeding is dismissed with prejudice. 

Complainant shall send the Judge and the Docket a copy of any compromise order or 

fmal order assessing civil penalty. . . (---··· ~ ) 

SO ORDERED •. c ~ ";: 

Attachment - Service List 

Ronnie A. Yoder / 

Chief Administrative~~Judge 
Federal Aviation Adri1inistration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

SERVICE LIST 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

DocketNo. FAA-2014-1118 

(Civil Penalty Action) 

ONE COPY (VIA MAIL, FOLLOWING CC BY FAX OR EMAIL, AS AVAILABLE) 

Greg G. Stofko, Respondent's Counsel 

Legal Department 

FedEx Express 

1700 Pennsylvania Avenue, N.W. 

Suite 950 

Washington, DC 20006 

TEL: 202-393-9285 

EMAIL: greg.stofko@fedex.com 

Charles Raley, Complainant's Counsel 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

TEL: 202-267-3357 

FAX: 202-267-5106 

The Honorable Ronnie A. Yoder, Chief Administrative Law Judge 

U.S. Department of Transportation 

Office ofHearing·s, M-20 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, 

DC 20591, Attention: Hearing Docket Clerk, AGC-430. 

-2-
[No. 1894.]

#### Riley Ware *v.*The State.

Theft.— Indictment for theft must allege that the property was *fraudulently*taken. Allegation that it was *feloniously*taken will not suffice.

Appeal from the District Court of Kerr. Tried below before the Hon. T. M. Paschal.

The indictment charged the appellant, jointly with one Lawrence Hobbs, with the theft of a horse, the property of Wesley Yivion, in Kerr county, Texas, on the 15th day of April, 1884. The appellant being alone upon trial, he was found guilty, and his punishment was assessed at a term of five years in the penitentiary.

*14Ho brief for the appellant.

*J. H.*Burts, Assistant Attorney-General, for the State.

Willson, Judge.

An indictment for theft, to be sufficient, must allege that the property was *fraudulently*taken. The allegation that it w as *feloniously*taken is insufficient. *(Sloan*v. *The*State, 18 Texas Ct. App., 225.) In this case, wherein the defendant has been convicted of the theft of a horse, the indictment is fatally defective because it does not allege that the defendant fraudulently took the horse.

The judgment is reversed and the prosecution is dismissed.

*Reversed and dismissed.*

[Opinion delivered October 10, 1885.]
<PAGE>   1





                                  EXHIBIT 3(C)

              AMENDMENT TO AMENDED AND RESTATED CODE OF REGULATIONS

<PAGE>   2



                           PINNACLE DATA SYSTEMS, INC.

                                  AMENDMENT TO

                    AMENDED AND RESTATE D CODE OF REGUALTIONS

                              Adopted June 23, 1999

The shareholders of the Company hereby repeal existing section 1.6 of the Code
of Regulations of the Company and adopt instead the following:

         "The shareholders present in person or by proxy at any meeting of
shareholders shall constitute quorum for such meeting, but no action required by
Law, the Articles of Incorporation, or this Code of Regulations, to be
authorized or taken by the holders of a designated proportion of the shares of
any particular class, or of each class, may be authorized or taken by a lesser
proportion. The shareholders present in person or by proxy at any meeting may
also adjourn such meeting from time to time."
# EUR-Lex - 12004V085 - EN

Important legal notice

*|*

# 12004V085

**Treaty establishing a Constitution for Europe - PART II — THE CHARTER OF FUNDAMENTAL RIGHTS OF THE UNION - TITLE III — EQUALITY - Article II-85 **

*
Official Journal 310 , 16/12/2004 P. 0047 - 0047 *

Article II-85

The rights of the elderly

The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life.

--------------------------------------------------
828 P.2d 301

#### ALPINE PACKING COMPANY, a California corporation, Plaintiff-Respondent, v. H.H. KEIM COMPANY, LTD., an Idaho corporation, Defendant-Appellant.

No. 19579.

Supreme Court of Idaho.

Dec. 20, 1991.

ORDER WITHDRAWING ORDER GRANTING REVIEW AND REMANDING CASE FOR FURTHER PROCEEDINGS

Prior report: App., 121 Idaho 762, 828 P.2d 325.

The Court having issued an order granting review of the decision of the Court of Appeals in the above entitled matter, S.Ct. No. 18438, and having considered the files and record and the argument of counsel, the Court concludes that, under the criteria which guides this Court in the granting of petitions for review, I.A.R. 118, review was improvidently granted. Accordingly, the order granting the defendant’s petition for review is withdrawn.
From: <james.tamm@dot.gov> To: <Chandana_L._Achanta@omb.eop.gov> Cc: William Charmley/AA/USEPA/US@EPA, Robin Moran/AA/USEPA/US@EPA, <rebecca.yoon@dot.gov>, <Steve.Wood@dot.gov> Date: 09/29/2010 06:12 PM Subject: RE: Light duty NOI Learning Curves

Chandana,

Attached is the proposed rewrite on learning curves, based on interagency comment.

Jim“ 3.2.7. Costs Effects due to Learning

The agencies have also reconsidered learning effects. For this assessment, we continue to reflect the phenomenon of volume

- based lea rning curve cost reductions in our modeling using two algorithms

– “volume

- based” for newer technologies and “time

- based” for mature technologies. The observed phenomenon in the economic literature which supports manufacture learning cost reductions are based on reductions in costs as production volumes increase, and the economic literatur e suggests these cost reductions occur indefinitely, though the absolute magnitude of the cost reductions decrease as production volumes increase (with the highest absolute cost reduction occurring with the first doubling of production). 1 The agencies u se the terminology “volume

- based” and “time

- based” to distinguish among newer technologies and more mature technologies, and how we apply learning costs reductions in our

assessment

. Our v olume

- based learning algorithm applies for the early steep portion of the learning curve and is estimated to result in 20 percent lower costs after two full years of implementation (i.e., a 2014 MY cost would be 20 percent lower than the 2012 and 2013 model year costs for a new technology being implemented in 2012). Our t ime

- based learning algorithm applies for the flatter portion of the learning curve and is estimated to result in 3 percent lower costs in each year following first introduction of a given technology. Once two volume

- based learning steps have occurred (f or technologies having volume

- based learning applied), time based learning would begin. For technologies to which time based learning is applied, learning would begin in year 2 at 3 percent per year for 5 years. Beyond 5 years of
time

- based learning at 3 percent per year, 5 years of time

- based learning at 2 percent per year, then 5 at 1 percent per year become effective. Going forward, the agencies intend to investigate industry learning curves in more detail and whether learning should continue to be applied indefinitely, or whether cost reductions due to learning should go to zero after some period of time. The learning curve used in this assessment may b e modified for the rule making.

1 See “Learning Curves in Manufacturing”, L. Argote and D. Epple , Science, Volume 247; “Toward Cost Buy down Via Learning

- by

- Doing for Environmental Energy Technologies , R. Williams, Princeton University , Workshop on Learning

- by

- Doing in Energy Technologies, June 2003; “Industry Learning Environmental and the Heterogen eity of Firm Performance, N. Balasubramanian and M. Lieberman, UCLA Anderson School of Management, December 2006, Discussion Papers, Center for Economic Studies, Washington DC.
#### § 1915.1002 Coal tar pitch volatiles; interpretation of term.

Note:

The requirements applicable to shipyard employment under this section are identical to those set forth at [§ 1910.1002 of this chapter](/on/2024-09-23/title-29/section-1910.1002).

[[61 FR 31430](https://www.federalregister.gov/citation/61-FR-31430), June 20, 1996]
§ 216.26 Collection of certain marine mammal parts without prior authorization. Notwithstanding any other provision of this subpart: ( a ) Any bones, teeth or ivory of any dead marine mammal may be collected from a beach or from land within 1 ⁄ 4 of a mile of the ocean. The term *ocean* includes bays and estuaries.
( b ) Notwithstanding the provisions of subpart D, soft parts that are sloughed, excreted, or discharged naturally by a living marine mammal in the wild may be collected or imported for bona fide scientific research and enhancement, provided that collection does not involve the taking of a living marine mammal in the wild.
( c ) Any marine mammal part collected under paragraph (a) of this section or any marine mammal part collected and imported under paragraph (b) of this section must be registered and identified, and may be transferred or otherwise possessed, in accordance with § 216.22(c). In registering a marine mammal part collected or imported under paragraph (b) of this section, the person who collected or imported the part must also state the scientific research or enhancement purpose for which the part was collected or imported.
( d ) No person may purchase, sell or trade for commercial purposes any marine mammal part collected or imported under this section.
( e ) The export of parts collected without prior authorization under paragraph (b) of this section may occur if consistent with the provisions at § 216.37(d) under subpart D.
[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50376, Oct. 3, 1994; 61 FR 21933, May 10, 1996]
#### § 665.267 Seasons.

The fishing year for precious coral begins on July 1 and ends on June 30 the following year.

[85 FR 26624, May 5, 2020]
Exhibit 99.2

                         CERTIFICATION PURSUANT TO
                          18 U.S.C. SECTION 1350,
                          AS ADOPTED PURSUANT TO
               SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Biophan Technologies, Inc.
(the "Company") on Form 10-QSB for the period ended May 31, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Michael L. Weiner, Chief Executive Officer of the Company, certify to the
best of my knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to
Sec. 906 of the Sarbanes-Oxley Act of 2002, that:

    (1)  The Report fully complies with the requirements of Section 13(a) or
     15(d) of the Securities Exchange Act of 1934; and

    (2)  The information contained in the Report fairly presents, in all
     material respects, the financial condition and result of operations of
     the Company.


/s/Michael L. Weiner
----------------------
Michael L. Weiner
Chief Executive Officer
July 15, 2003
LOCK
      UP AGREEMENT

     

    The
      undersigned hereby agrees that for a period commencing on March 13, 2007 and
      expiring on the date thirty (30) days after the date that all amounts owed
      to
      Cornell Capital Partners, LP (the “Buyer”),
      under
      the Secured Convertible Debentures issued to the Buyer pursuant to the
      Securities Purchase Agreement between NewGen Technologies, Inc. (the
“Company”)
      and
      the Buyer dated March 13, 2007 have been paid (the “Lock-up
      Period”),
      he,
      she or it will not, directly or indirectly, without the prior written consent
      of
      the Buyer, issue, offer, agree or offer to sell, sell, grant an option for
      the
      purchase or sale of, transfer, pledge, assign, hypothecate, distribute or
      otherwise encumber or dispose of any securities of the Company, including common
      stock or options, rights, warrants or other securities underlying, convertible
      into, exchangeable or exercisable for or evidencing any right to purchase or
      subscribe for any common stock (whether or not beneficially owned by the
      undersigned), or any beneficial interest therein (collectively, the
“Securities”)
      except
      in accordance with the volume limitations set forth in Rule 144(e) of the
      General Rules and Regulations under the Securities Act of 1933, as
      amended.

     

    In
      order
      to enable the aforesaid covenants to be enforced, the undersigned hereby
      consents to the placing of legends and/or stop-transfer orders with the transfer
      agent of the Company’s securities with respect to any of the Securities
      registered in the name of the undersigned or beneficially owned by the
      undersigned, and the undersigned hereby confirms the undersigned’s investment in
      the Company.

     

    Dated:
      _______________, 2007

    
      	 	 	 
	 	 	Signature
	 
 	 
 	 
 
	 	 	_______________________________________
	 	Name:
              __________________________________
	 	Address:
              ________________________________
	 	City, State, Zip Code:
              _______________________
	 	 
	 	__________________________________
	 	Print Social Security Number 
	 	or Taxpayer I.D. Number
Case 16-26150 Doc 14 Filed 09/14/16 Entered 09/15/16 06:48:31 Desc Main

 Document Page 1 of 1
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-13-00313-CV

IN THE INTEREST OF R.P. and R.K., Children

From the 225th Judicial District Court, Bexar County, Texas

Trial Court No. 2011-PA-01921

Honorable Richard Garcia, Judge Presiding

BEFORE JUSTICE MARION, JUSTICE BARNARD, AND JUSTICE ALVAREZ

In accordance with this court’s opinion of this date, the trial court’s order is AFFIRMED. 

SIGNED October 23, 2013.

_________________________________

Patricia O. Alvarez, Justice
Exhibit 35.2

SERVICER COMPLIANCE STATEMENT

Chase Bank USA,
National Association

First USA Credit Card Master Trust

The undersigned, a duly authorized officer of Chase Bank USA, National Association (the Bank), as Servicer pursuant to the Third Amended and
Restated Pooling and Servicing Agreement, dated as of December 19, 2007 (as amended and supplemented from time to time, the Agreement) between the Bank, as transferor and servicer (in such capacity, the Servicer) and BNY
Mellon Trust of Delaware, as trustee, does hereby certify that:



| | 1. | The Bank is, as of the date hereof, the Servicer under the Agreement.
| | -- | ---------------------------------------------------------------------



| | 2. | A review of the Servicers activities during the calendar year ended December 31, 2009 (the Reporting Period) and of its performance under the
Agreement has been made under my supervision.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 3. | To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Agreement in all material respects throughout the
Reporting Period.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the undersigned has duly executed this certificate this 29th day of March 2010.



CHASE BANK USA, NATIONAL ASSOCIATION, as ServicerBy:

/s/ Keith W. SchuckName:

Keith W. SchuckTitle:

President
Document

Exhibit 10.7
AMENDMENT NO. 3 TO THE 
WENDY’S/ARBY’S GROUP, INC.
2009 DIRECTORS’ DEFERRED COMPENSATION PLAN


This Amendment No. 3 to the Wendy’s/Arby’s Group, Inc. 2009 Directors’ Deferred Compensation Plan (this “Amendment”) is effective as of July 28, 2020 (the “Effective Date”).            


WHEREAS, the Board of Directors (the “Board”) of The Wendy’s Company (the “Company”) previously adopted the 2009 Directors’ Deferred Compensation Plan (as amended, the “Plan”) effective as of May 28, 2009 to permit non-employee directors of the Company to defer certain cash amounts paid and equity grants awarded to such directors as fees in connection with their services to the Board; and


WHEREAS, the Board reserves the right to amend the Plan from time to time, in accordance with and subject to Article IX of the Plan; and


WHEREAS, the Board previously adopted Amendment No. 1 to the Plan effective as of May 27, 2010 and Amendment No. 2 to the Plan effective as of May 23, 2013; and


WHEREAS, the Board wishes to amend the Plan to reflect the updated corporate name of the Company and the adoption of the Company’s 2020 Omnibus Award Plan at the Company’s Annual Meeting of Stockholders on May 27, 2020 and the issuance of no further awards under the Company’s 2010 Omnibus Award Plan (as amended, the “2010 Plan”) after that date; 


NOW, THEREFORE, the Plan is hereby amended as follows, effective as of the Effective Date:


1.All references in the Plan to “Wendy’s/Arby’s Group, Inc.” shall be replaced with “The Wendy’s Company” unless the context clearly requires otherwise.


2.All references in the Plan to the “2010 Plan” are hereby changed to the “2020 Plan”, and each reference to the “Company’s 2010 Omnibus Award Plan” is hereby deleted and in its place a reference to “the Company’s 2020 Omnibus Award Plan” is substituted.


IN WITNESS WHEREOF, this Amendment has been executed by a duly authorized officer of the Company as of the Effective Date.




THE WENDY’S COMPANY




						
	By:	/s/ E.J. Wunsch                       
		E.J. Wunsch
		Chief Legal Officer and Secretary
UNITED AMERICAN HEALTHCARE CORPORATION
Amended and Restated
1998 Stock Option Plan
  (As amended August 26, 2003, and approved by the shareholders at the Annual Meeting of
Shareholders on November 14, 2003; and as further amended, restated and approved by the
shareholders at the Annual Meeting of Shareholders on November 5, 2004)
 Definitions
 Board of Directors
 Committee provided,
however, i Exchange Act ii Code
 Corporation
 Discretion
 Incentive Option
 Nonqualified Option but
 Participant




---



##### 



Plan
 Subsidiary Stock provided, however,
 Purpose of Plan:
 Administration: unless
 Indemnification of Committee Members:
 Maximum Number of Shares Subject to Plan: unless
 -2-




---



##### 



Notwithstanding
 provided,
however,
 Participants: provided, however, i ii
 Written Agreement: Corporation-Participant Agreement but provided
 Allotment of Shares: provided, however,
 Stock Options: provided,
 -3-




---



##### 



Stock Option Price: provided, however,
 Payment of Stock Option Price: except
 Granting and Exercising of Stock Options: provided, however,
 (i) (ii)
 -4-




---



##### 



Except
 notwithstanding
 Non-transferability of Stock Options:
 Term of Stock Options: provided, however,
 Continuation of Employment:
 Termination of Employment: (i) (ii) however, unless
 -5-




---



##### 



Investment Purpose: Securities Act but
 Rights to Continued Employment:
 Withholding Payments: Commission
 -6-




---



##### 



Effectiveness of Plan: provided but
 Termination, Duration and Amendments of Plan: Unless
 provided, however, (i) however, except (ii) except
 Originally adopted by the Board of Directors on August 6, 1998 and
approved by the Shareholders of the Corporation on November 12, 1998.With amendments approved by the Board of Directors on August 26, 2003, and
approved by the Shareholders of the Corporation on November 14, 2003.And with a further amendment approved by the Shareholders of the Corporation
and by the Board of Directors on November 5, 2004.
 -7-
§ 38.9 Breach of the peace. No person on Midway Atoll National Wildlife Refuge will: ( a ) With intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, engage in fighting, threatening, or other violent or tumultuous behavior; or make unreasonable noise or offensively coarse utterances, gestures, or displays, or address abusive language to any person present; or create a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit;
( b ) Having no legal privilege to do so, knowingly or recklessly obstruct any roadway, alley, runway, private driveway, or public passage, or interfere with or unreasonably delay any emergency vehicle or equipment or authorized vehicle, boat, vessel, or plane, or any peace officer, fireman, or other public official engaged in or attempting to discharge any lawful duty or office, whether alone or with others. “Obstruction” as used in this paragraph means rendering impassable without unreasonable inconvenience or hazard;
( c ) When in a gathering, refuse to obey a reasonable request or order by a peace officer, fireman, or other public official: ( 1 ) To prevent an obstruction of any public road or passage;
( 2 ) To maintain public safety by dispersing those gathered in dangerous proximity to a public hazard; or
( d ) With intent to arouse or gratify sexual desire of any other person, expose one's genitals under circumstances in which one's conduct is likely to cause affront or alarm.